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07-24-1979 Regular Meeting . . - e CITY OF CLERMONT MINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, July 24, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E.Smoak, Jr., with the following members present: Councilmen Honey, Schroedel, and Cole. City officials present were: City Manager Forbes, City Attorney Baird, Finance Director Sanchez, and Building Official Nagel. Others present were: Mrs. J. Smith, Reverend and Mrs. Thomas G. Legg; Mr. & Mrs. Vernon Schneider; Mr. & Mrs. John Aull; Mr. & Mrs. Wm. Kopf; and the Messrs. Millward, Sargent, and Searles. Mr.Ray Lynch, a representative of the SENTINEL STAR was also present. The invocation was offered by Mayor Smoak, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held July 10, 1979 were approved as written. PUBLIC HEARINGS Council, sitting as a Board of Adjustment, considered the following Zoning Code requests: A request by Reverend Thomas G. Legg for a variance in the living area requirements for a duplex from the required 700 square feet to 576 square feet for one unit of a proposed duplex to be constructed on Lots 40 and 41, Block 9, Sunnyside Unit (vacant lot at 163-165 Sunnyside Drive), an R3 zoning district. Reverend Legg appeared before Council in support of his request advising that the smaller living unit was desired on the lower portion of the proposed duplex in order to accomodate two one-car garages, and; That the proposed duplex would give the outward appearance of a single-family residence. Inquiry was made from the Chair for a determination of whether a unique hardship existed on this parcel of land, wherein City Attorney Baird advised that financial hardships, if created by the topography of a parcel of land, would constitute a "hardship". Following inquiry from the Chair, there was no one present who addressed the matter, whereupon motion was made by Mayor Smoak, seconded by Councilman Cole and unanimously carried that the request be granted. A request by Mr. John Aull for a variance in the lot width requirements from the required 100 feet to 70 feet in order to allow for the construction of a duplex on Lot 22, Block 9, Sunnyside Unit (vacant lot at 255 Sunnyside Drive), an R3 zoning district. Mr. Aull appeared before Council in support of his request advising that he was the owner of the property to the rear of this lot, which one day he intended to building a home for himself and his wife, wherein they were desirous of having a pleasant, creditable structure abutting their rear yard; That it was his under- standing that several adjacent properties in the area were of duplex construction. Mr. James Millward, architect for Mr. Aull, appeared before Council advising that the proposed construction would meet all setback requirements, and he felt such construction would be of a benefit to the neighborhood. Inqiury was made from the Chair as to the recent purchase of this lot by the applicant; Whether additional adjacent property was available for purchase; and, Whether the applicant was aware of the zoning requirements at the time of purchase. Mr. Aull advised he had purchased the lot within the past 5 months; That no additional adjacent property was available for purchase, and; That he was aware of the zoning requirements at the time he purchased the property. Inquiry was made from the Chair as to anyone present who desired to address the matter, at which time Mr. Vernon Schneider, an abutting property owner to the south, advised he had been in contact with other abutting property owners, namely Messrs. Rowbottom and Jaynes, and they felt that inasmuch as the zoning ordinance was specific in requiring 100 feet lot width for duplex construction, that Mr. Aull was aware of the zoning requirements at the time he purchased the property, and that the proposed duplex would create increased density levels, they felt the request should be denied. He further advised that both he and the Rowbottom's lived in duplexes (on the north and south sides consecutively) which had been converted into single-family residences. A letter in objection to the request was submitted to Council from Mr. Russell Hollister. Inasmuch as several property owners in the area were opposed to the request, and Mr. Aull's recent purchase of the property in that he was aware of the zoning requirements at the time of purchase, motion was made by Mayor Smoak, seconded by Councilman Honey, and unanimously carried that the request be denied. . . . e CITY OF CLERMONT MINUTES REGULAR MEETING CETA AGREEMENT City Manager Forbes presented an agreement from the Lake County Comprehensive Manpower Services for the renewal of contract for three CETA positions currently held by the City, advising he had reviewed the agreement and recommended that it be adopted. The Council was in agreement with the City Manager's recommendation. COMMUNITY APPEARANCE GUIDE City Manager Forbes presented a proposed "Community Appearance Guide" as prepared by the Community Appearance Standards Committee of the Planning and Zoning Commission. He advised the purpose of the Guide is to assist the City Council, staff, and citizens in making decisions that will enhance public appearance; That the Guide would be of a voluntary and informative nature; That it could be used by city officials in order to determine how a project might affect an area (i.e. site plan or conditional use permit reviews); That it would be distributed to citizens when obtaining a building permit, and; That he recommended it be adopted. Motion was made by Councilman Schroedel, seconded by Councilman Cole and unanimously carried that the "Community Appearance Guide" be adopted, with authority given to the proper officials for printing and distribution. UTILITY RATE SCHEDULE City Manager Forbes submitted a proposed utility rate schedule as previously discussed by Council at their last workshop meeting. He presented the adjusted rate schedule as follows: SANITATION: Increase rates for multiple family dwellings parks to $5.50 per unit; and, That for commercial users, $1.15 to $2.00 for each additional garbage can over two. residential uses will remain unchanged. and mobile home an increase from Fees for SEWER: Residential - Increase from $6.00 to $6.75. Multiple-family- $6.25 per unit (The 50~ reduction from residential rates is created by lessened billing procedures for these accounts.) Commercial - classify these users into one of six categories instead of the current seventeen. WATER: gallons. per 1,000 currently $.50 per 1,000 gallons remain constant for usage over 3,000 This would end the current practice of reducing rates to $.40 gallons for usage over 10,000 gallons. Eliminate the $1.00 fee charged for each apartment or mobile home serviced by one meter. Mayor Smoak reminded Council that even with the proposed rate increases, the sewer department will still be operating at a deficit which will have to be subsidized; That utility rates have not been increased in three years; and, That he felt the proposed increases were necessary and would hope that the proposed ordinance pertaining to these increases would be introduced at the proper time. Councilman Schroedel questioned charging laundries and car washes sewer rates equal to only 75% of water usage, in that these uses generate higher levels of phosphorus, which is costly to remove from the City's system. It was requested that the City Manager investigate the types of detergent's used in conjunction with these establishments, and that he review the County's present ordinance regarding these uses to determine if all requirements are being met. RESOLUTIONS/ORDINANCES Councilman Honey offered and moved the adoption of a RESOLUTION OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW USE OF AN EXISTING BUILDING AS A DAY CARE CENTER, and the motion was seconded by Councilman Cole and unanimously carried. The RESOLUTION was read by Deputy Clerk Smith, by title only, and the number 332 assigned to it. . e . e CITY OF CLERMONT MINUTES REGULAR MEETING Councilman Honey offered and moved the adoption of AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING ORDINANCE NO. 195, AS AMENDED, WHICH WAS INCORPORATED AS SECTION 16, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AS AMENDED; REVISING THE DEFINITION OF EMPLOYEES AND PROVIDING FOR A DEFINITION OF POLICEMAN AND FIREMEN; PROVIDING FOR THE COVERAGE AND DEFINITION OF VOLUNTEER FIRE- MEN UNDER THE PLAN; REVISING THE FORMULAS FOR COMPUTING RETIREMENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE, and the motion was seconded by Councilman Schroedel. The ORDINANCE was read for a second and final reading by Deupty Clerk Smith, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Honey, Cole, Schroedel, and Smoak. Total Ayes: Four. Nayes: None. Absent: Byrd. So the ORDINANCE was adopted and the number 197-C assigned to it. Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 25-16 and SECTION 25-17 OF CHAPTER 25; PROVIDING THAT RATES FOR WATER SERVICE, SEWER AND SANITATION SERVICE BE ESTABLISHED BY MISCELLANEOUS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a first reading by Deputy Clerk Smith, by title only. Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING A RATE SCHEDULE FOR WATER SERVICE, SEWER SERVICE AND SANITATION SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION, and the Ordinance was read for a first reading by Deputy Clerk Smith by title only. GREEN SWAMP. Mayor Smoak advised he had received a color-coded map from the Department of State Planning, designating those area of land south of Clermont which are currently of critical state concern, such area to be recommended to Governor Graham and the Cabinet to be deleted. The area recommended to be deleted encompasses approximately 9,200 land acres, and is virtually all lands requested by him to the Senate to be deleted. He further expressed his sincere appreciation to Senator Vince Fechtal for his cooperation and support in this endeavor. There being no further business to be brought before the Council at this time, the meeting adjourned to a Budget Review Session at 8:25 P.M. {!I ~-~ CLAUDE E. SMOAK, JR., - ayor ~ ( L.' " ~OJ~\ "\.,:n Il'-.rh JAN SMITH - DEPUTY CITY CLERK